P. v. Flores
A jury convicted Israel Flores of first degree murder (Pen. Code,[1] 187, subd. (a)) and found the allegations of personal use of a firearm ( 12022.53, subds. (d) & (e)(1)) and that the crime was committed for the benefit of a gang ( 186.22, subd. (b)(1)), to be true. Flores was sentenced to an indeterminate term of 50 years to life.
The crime in this case arose from a gang-related shooting in which the victim was shot five times while standing outside a house where a party was in progress. Flores was in a car with three fellow gang members when he shot the victim. Although the conviction followed a lengthy trial in which numerous issues were raised, Flores raises only a single legal issue on appeal. Flores contends the trial court erred by instructing the jury on two theories of first degree murder: premeditation and deliberation as well as liability based on an uncharged conspiracy to commit murder. Court reject the challenge to the trial court's instructions and affirm.
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